Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant's election with traverse of the species of Group I, claims 1-7 is acknowledged. The traversal is on the ground(s) that “… the invention identified by the Examiner are not distinct and are patentably related” and Applicant requests that the election requirement be withdrawn. This is not found persuasive because the inventions are independent and distinct from each other and because examination of each invention will necessitate disparate searches which would clearly pose a burden as clearly shown by the examiner in the requirement. Applicant is not entitled to examination of multiple independent inventions in one application.
Therefore, method claims 8 and 9 have been withdrawn from further consideration by the examiner, 37 C.F.R. § 1.142(b) as being drawn to a nonelected invention.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the phrase “configured with a removable cover disposed on the adhesive patch” is vague and confusing because the phrase has no clear meaning as to whether a removable cover is positively recited in the claim. Please clarify. The phrases “to be utilized by a pill bottle user to attach the sachet to the underside of the pill bottle cap” in claim 2, “to be attached to the underside of a pill bottle cap” in claim 3, “configured for use with conventional pill bottle configurations having a pill bottle and pill bottle cap” in claim 4, “configured to affix the moisture adjusting sachet body to the underside of a pill bottle cap” and “… subsequent attachment to the underside of a pill bottle cap by a user” in claim 6 define a moisture adjusting sachet in reference to a pill bottle with a pill bottle cap which is undefined and has not been positively claimed rendering the claims vague and indefinite because it is not clear what structural limitations applicant intends to encompass with such language. In claim 2, the phrase “according to instruction printed on said sachet” is vague and confusing and indefinite because it is not clear whether instruction printed on the sachet is positively recited in the claim? In claim 6, the phrase “the moisture adjusting sachet body” lacks proper antecedent basis. The phrase “The attachable adhesive moisture adjusting sachet” in claims 2-5 and 7 lacks proper antecedent basis.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunk (6,986,807) in view of Jensen et al. (2008/0199577; hereinafter Jensen). Brunk discloses a desiccant packet/moisture adjusting sachet (22) and the desiccant packet/moisture adjusting sachet can be any suitable desiccant packet known in the art (column 3, lines 24-25), the moisture adjusting sachet comprising a sachet body for retaining a desiccant (14), and the moisture adjusting sachet having means for adhering to the underside of a pill bottle cap (column 3, lines 27-37). The moisture adjusting sachet of Brunk is capable for loose packaging with pills in a pill bottle and for subsequent attachment to the underside of a pill bottle cap. Brunk also discloses the other claimed limitations except for the means for adhering comprises an adhesive patch presented on the sachet body for attachment to a pill bottle cap in lieu of the means for adhering the moisture adjusting sachet to a pill bottle cap of Brunk. Jensen teaches an absorbent pad (20; Fig. 7) comprising an absorbent body having an adhesive patch (38; [0041]) presented on the absorbent body and a removable cover (42) disposed on the adhesive patch. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of Jensen to modify the moisture adjusting sachet of Brunk so the moisture adjusting sachet is constructed with the adhering means includes an adhesive patch for allowing the moisture adjusting sachet adhered to the underside of a pill bottle cap easily and because the selection of the specific adhering means for adhering the moisture adjusting sachet to the underside of a pill bottle cap such as an adhesive patch as claimed or as taught by Jensen or just adhered the moisture adjusting sachet to the underside of a pill bottle cap would have been an obvious matter of design choice inasmuch as the resultant structures will work equally.
As to claim 3, Brunk further discloses at least one of silica gel, hydrogel, and moisture adjusting material (column 3, lines 20-21) disposed within a desiccant packet (22; Fig. 2 or 4) and the packet comprises a sheet of moisture permeable paper (column 3, lines 54-59) folded to envelope (Fig. 2 or 4) the at least one of silica gel, hydrogel, and moisture adjusting material inside and to provide a planar surface (Fig. 3) to present the adhesive patch to be attached to the underside of a pill bottle cap.
As to claim 4, see Fig. 1 or 3.
As to claim 5, Brunk discloses a moisture permeable material (22; 26) that envelopes and contains one of a moisture removing agent or a moisture supply agent as claimed.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over the references as applied to claim 1 above, and further in view of The Official Notice and/or Mays et al. (2012/0226288; hereinafter Mays) and/or Green (2012/0291647). Brunk further discloses a medicine bottle (10; C) and the moisture adjusting sachet disposed within an interior of the medicine bottle when the medicine bottle is in a closed position which it indicates that the adhering means to adhere the moisture adjusting sachet to an inner surface of a medicine bottle cap is a bio-safe adhering means. To the extent that Brunk fails to show the adhering means comprises a bio-safe adhesive as claimed, The Official Notice is taken of an old and conventional practice of providing a bio-safe adhesive to prevent contamination. Mays, is cited by way of example only, teaches an adhering means such as magnets, suction cups, a latch, adhesive such as a bio-safe adhesive or other means for securing a device to a support surface ([0072]-[0075] & [0201]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of The Official Notice and/or Mays to modify the moisture adjusting sachet of Brunk as modified the adhesive patch for securing the moisture adjusting sachet to the underside of a pill bottle cap comprises a bio-safe adhesive for prevent contamination. To the extent that Brunk further fails to show instructions printed on the moisture adjusting sachet as claimed, The Official Notice is taken of an old and conventional practice of providing a package with instructions printed on the package to provide more convenience for a user. Green, is cited by way of example only, teaches a package (10) comprising instructions for proper use of a product disposed within the package [0018]-[0023]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of The Official Notice and/or Green to modify the moisture adjusting sachet of Brunk as modified so the moisture adjusting sachet is constructed with instruction for use of the moisture adjusting sachet to provide more convenience for the user.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunk in view of The Official Notice and/or Mays et al. (2012/0226288; hereinafter Mays).
Brunk discloses a desiccant packet/moisture adjusting sachet (22) and the desiccant packet/moisture adjusting sachet can be any suitable desiccant packet known in the art (column 3, lines 24-25), the moisture adjusting sachet comprising a sachet body for retaining a desiccant (14), and the moisture adjusting sachet having means for adhering the moisture adjusting sachet to the underside of a pill bottle cap (column 3, lines 27-37). The moisture adjusting sachet of Brunk is capable for loose packaging with pills in a pill bottle and for subsequent attachment to the underside of a pill bottle cap. Brunk also discloses the other claimed limitations except for the means for adhering comprises at least one of a magnet, suction cup and Velcro brand touch fastener as claimed. The Official Notice is taken of an old and conventional practice of providing a means for adhering at least two articles together and the means for adhering comprises at least one of a magnet, suction cup and Velcro brand touch fastener as claimed. Mays, is cited by way of example only, teaches an adhering means comprising at least one of a magnet, suction cup, a latch, adhesive such as a bio-safe adhesive or other means for securing a device to a support surface ([0072]-[0075] & [0201]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of The Official Notice and/or Mays to modify the moisture adjusting sachet of Brunk so the moisture adjusting sachet is constructed with the means for adhering comprises at least one of a magnet, suction cup and Velcro brand touch fastener as claimed because the selection of the specific adhering means for adhering the moisture adjusting sachet to the underside of a pill bottle cap such as at least one of a magnet, suction cup and Velcro brand touch fastener as claimed or as taught by The Official Notice and/or Mays or just adhered the moisture adjusting sachet to the underside of a pill bottle cap as disclosed by Brunk would have been an obvious matter of design choice inasmuch as the resultant structures will work equally.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736